Git Power Tools End User License Agreement (EULA)

This EULA is an agreement between You and the Developer for the plugin named Git Power Tools. It is adapted from the JetBrains Marketplace Standard EULA (JetBrains Marketplace Developer Agreement, Appendix 1). It is not legal advice.

The Developer, not JetBrains, is the licensor of the Plugin. JetBrains is not a party to this EULA and is not responsible or liable to You under it. JetBrains acts only as a reseller of paid licenses through JetBrains Marketplace.

1. Definitions

"Confirmation" means an email or other notice from JetBrains confirming Your rights to use the Pro features of the Plugin, including important information about Your license, trial, or Subscription.

"Developer" means Italo Armenti, an individual residing in Finland.

"Documentation" means the latest versions of all online technical documentation available for the Plugin on JetBrains Marketplace and any other relevant Plugin documentation provided by the Developer that applies to the Plugin.

"Fallback Date" means the date falling twelve (12) months prior to the date Your Subscription expired.

"Fallback Version" means the most recent Plugin Version that the Developer made available for public purchase prior to the Fallback Date, along with any bug-fix updates for that Plugin Version. The Fallback Version does not include any Plugin updates or upgrades other than bug-fix updates that You may have used in the period between the Fallback Date and the expiration date of Your Subscription. For more information, see the FAQ at https://sales.jetbrains.com/hc/en-gb.

"Free Features" means the Plugin features that the Developer offers at no cost, currently the git-flow tools (init, and start or finish of feature, release, and hotfix branches). The Documentation and the Plugin listing on JetBrains Marketplace describe the Free Features in more detail.

"JetBrains" means JetBrains s.r.o., which has its registered office at Na Hřebenech II 1718/8, Prague, 14000, Czech Republic, registered with the Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.

"JetBrains Affiliate" means any subsidiary and/or associated companies of JetBrains.

"JetBrains Marketplace" means any platform operated by JetBrains or a JetBrains Affiliate on which JetBrains or a JetBrains Affiliate markets Plugins for JetBrains Products, including the website https://plugins.jetbrains.com and/or any other website or other platform, whether named JetBrains Marketplace, JetBrains Plugins Repository, or otherwise.

"JetBrains Product" means any software program or service made available by JetBrains.

"Plugin" means the Git Power Tools plugin, extension, or other software program designed to work with JetBrains Products that the Developer makes available under this EULA, including both Free Features and Pro Features.

"Plugin Users" means users that are able to access and use the Plugin concurrently.

"Plugin Version" means a release, update, or upgrade of the Plugin that is not identified by the Developer as being made for the purpose of fixing software bugs.

"Pro Features" means the Plugin features that require a valid paid Subscription, trial, or other license obtained through JetBrains Marketplace, currently pickaxe search, the reflog browser, and lost-commit recovery. The Documentation and the Plugin listing on JetBrains Marketplace describe the Pro Features in more detail.

"Subscription" means Your right to use the Pro Features during the Subscription Period.

"Subscription Period" means the Subscription period described in Your Confirmation.

"You" means an individual or an entity concluding this EULA.

2. Grant of License

2.1. License. The Developer hereby grants You a limited, worldwide, non-exclusive, non-transferable license to use the Plugin (including any generally available updates and upgrades released during Your rightful use of the Plugin) as long as the use is in line with Your Confirmation, the Documentation, and the limits set out in this EULA. You may:

(a) install the Plugin;

(b) use the Plugin subject to the limits described in this EULA and in Your Confirmation (if any); and

(c) make backup copies of the Plugin for archival purposes.

2.2. Restrictions. You may not modify, reverse-engineer, decompile, or disassemble the Plugin in whole or in part, or create any derivative works from the Plugin, or sublicense any rights to the Plugin, unless otherwise expressly authorized in writing by the Developer, or except to the extent that such a restriction is prohibited by applicable law (including mandatory rights to observe, study, or test the functioning of the Plugin, or to decompile it for interoperability).

2.3. Duration of License.

(a) Free Features are licensed to You at no cost, on a perpetual basis, for as long as You use the Plugin in accordance with this EULA.

(b) Pro Features are licensed on a time-limited basis for the duration of Your trial or Subscription Period, as described in Your Confirmation. If You are charged a one-time license fee instead of a Subscription, the license for those Pro Features is perpetual, subject to this EULA and Your Confirmation.

3. Freemium model, trial, and Subscription

3.1. Freemium. The Plugin is offered as freemium software. You may install the Plugin and use the Free Features without purchasing a license. Use of the Pro Features requires a valid trial, Subscription, or other license obtained through JetBrains Marketplace.

3.2. Trial. JetBrains Marketplace may offer a time-limited trial of the Pro Features. The length of any trial is as shown on the Marketplace listing or in Your Confirmation when You start the trial (the listing is intended to offer a 30-day trial). When the trial ends, the Free Features remain available; the Pro Features require a paid license.

3.3. Subscription Limits. If You purchased a Plugin Subscription, You must use the Pro Features in accordance with the limits described in Your subscription plan (for example, You must ensure that the maximum number of Plugin Users does not exceed the number of Plugin Users for which You have purchased the Subscription).

3.4. Subscription Period. The Subscription Period can be either annual or monthly, as described in Your Confirmation and on the Marketplace listing.

3.5. Fallback License. If the Plugin is provided with a Fallback license according to the Confirmation, following the expiration of the Subscription Period without a renewal, Your license to use the Plugin as stipulated in Section 2 shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis with respect to the Fallback Version of the Plugin (including all limitations). The granting of the Fallback license is expressly contingent upon Your compliance with this EULA, including Your payment of the applicable Subscription fees for at least the preceding 12 months in full and without interruptions.

4. Intellectual Property

The Plugin is protected by copyright and other intellectual property laws and treaties. The Developer or its licensors own all title, copyright, and other intellectual property rights in the Plugin.

5. Disclaimer of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLUGIN IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. YOUR USE OF THE PLUGIN IS AT YOUR OWN RISK. THE DEVELOPER PROVIDES NO WARRANTY AS TO THE PLUGIN'S USE OR PERFORMANCE. THE DEVELOPER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PLUGIN, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE DEVELOPER DOES NOT WARRANT THAT THE PLUGIN IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLUGIN MEETS YOUR REQUIREMENTS; THAT THE PLUGIN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLUGIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS REQUIRED BY APPLICABLE LAW, ANY UPDATES AND UPGRADES TO THE PLUGIN WILL ONLY BE PROVIDED ON AN "AS AVAILABLE" BASIS, AT THE DEVELOPER'S SOLE DISCRETION.

NOTHING IN THIS EULA EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, OR OTHER RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY FINNISH OR EUROPEAN UNION CONSUMER PROTECTION LAW.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS EULA OR THE USE OF THE PLUGIN, AND THE DEVELOPER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA OR THE USE OF THE PLUGIN SHALL NOT EXCEED THE FEES WHICH YOU PAID FOR THE PLUGIN VIA JETBRAINS MARKETPLACE IN THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM (OR, IF YOU PAID NO FEES, ZERO). THIS LIMITATION WILL APPLY EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTHING IN THIS EULA EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR INTENTIONAL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY FINNISH OR EUROPEAN UNION CONSUMER PROTECTION LAW.

JETBRAINS' LIABILITY UNDER THIS EULA IS EXCLUDED IN ITS ENTIRETY, BECAUSE JETBRAINS IS NOT A PARTY TO THE CONTRACTUAL RELATIONSHIP BETWEEN THE DEVELOPER AND YOU.

7. Governing Law and Disputes

This EULA is governed by the laws of Finland, excluding its conflict-of-law rules.

If You are a consumer residing in the European Economic Area or the United Kingdom, this does not deprive You of the protection of mandatory provisions of the law of Your country of residence, and You may bring proceedings in the courts of that country. Otherwise, the courts of Finland have jurisdiction.

8. Contact

Questions about this EULA or the Plugin can be sent to italo.armenti@gmail.com, or raised through the Developer's vendor page on JetBrains Marketplace.